the fifth amendment established the the governmentmust allow the same fair rules in all cases brought to trial
- BeachBumLv 71 decade agoFavorite Answer
I think you are referring to the 14th Amendment.
The Fifth Amendment prevents individuals from being punished without "due process of law." Due process extends to all persons (including non-U.S. citizens) and corporate entities. The Fourteenth Amendment explicitly binds the states with due process protections.
The Fifth Amendment applies, of course, to the Federal Government (see Barron v. Baltimore), and the Fourteenth Amendment, by its own terms, applies against the States. While the Fifth Amendment includes a Due process clause, it does not include - as the Fourteenth amendment does - an equal protection clause. However, in Bolling v. Sharpe 347 U.S. 497 (1954), the Supreme Court averred that it was absurd that the Constitution could deny the states the power to abridge equal protection of the laws, yet permit that power to the Congress. "The concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive," reasoned Chief Justice Earl Warren. The Court thus interpreted the Fifth Amendment's due process clause to include an equal protection element but has continued to hold that there is a difference between due process and equal protection in its Fourteenth Amendment jurisprudence.
- mardellLv 43 years ago
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- Anonymous1 decade ago